Al-Haq Case Study: Arbitrary Execution in Beni Naim

[Abdul Haq]

Al-Haq Case Study: Arbitrary Execution in Beni Naim

Sept 9. 2002 (al Ahaq: e-mail: haq@alhaq.org)

Introduction

The following case study details the willful killing on September 1st of
four Palestinian men in the village of Beni Naim in the Hebron District.
The four men were detained by Israeli soldiers at their place of employment
and taken to a nearby field where they were shot at close range. Following
the incident an Al-Haq fieldworker traveled to Beni Naim to talk with
witnesses and to gather evidence at the scene of the killings. The purpose
of this study is to attempt to reconstruct the actions that led to the
killing of these four men, and to place these events in a legal context.

The killing of these four men came at the end of a several month period
during which Palestinian civilians were repeatedly the targets of Israeli
military attacks. One day prior to the killings in Beni Naim, five people,
including four children between the ages of six and seventeen, were killed
during a failed assassination attempt in the village of Tubas near Jenin.
Earlier in the week, on August 29th, four members of one family in Gaza were
killed and eight wounded when Israeli tanks fired shells containing
flechette darts at their home. On August 2nd Israeli soldiers shot and
killed Amjad Abdel Hadi Jebour in front of his family after detaining him in
the village of Salem, which is located east of Nablus. On July 22nd an
Israeli F-16 fired a single missile into a home rented by Salah Shehada, a
high level Hamas activist in Gaza killing 15 Palestinians including nine
children. Another 73 Palestinians were injured in the attack, two
seriously.

During the one-month period between 1 August and 1 September 2002,
fifty-four Palestinians were killed. Of this number only ten were killed
while armed or during exchanges of fire with Israeli troops. Two were
killed after being arrested, one wanted individual was killed when his home
was demolished on top of him, and seven were assassinated. The other
thirty-four individuals killed were innocent bystanders killed in their
homes, fields or during Israeli military operations. Only 18% of those
killed during this period were actually involved in armed attacks.

Al-Haq’s fieldworkers gathered the affidavits below as a part of their
routine work investigating and carefully documenting human rights violations
committed in the Occupied Territories. The nature of the violations
recorded below is extreme, but unfortunately the killings in Beni Naim are
not a unique case. This case and the affidavits presented below are
representative of the hundreds of affidavits gathered by Al-Haq over the
course of the Intifada. The human rights violations detailed both below and
in Al-Haq’s reports papers and press releases are symptoms of a systematic
failure on the part of Israel to fulfill its obligations under the Fourth
Geneva Convention and to respect international human rights and humanitarian
law. More importantly, they are a direct product of Israel’s continued
belligerent occupation of the Palestinian Territories.


Case Summary

During the early morning hours of September 1, 2002, Ala Al-Ayaidah (22),
Ateya Ahmed Mashni Halaika (21), and twins Hussam and Hisham Halaika (32)
were detained by a group of Israeli soldiers from the stone cutting factory
in which they worked and shortly thereafter executed. The factory at which
the men worked is located near the edge of the village of Beni Naim in an
area know as Wadi Jouz. The factory is also located next to a field owned
by Menachem Livni, an Israeli settler and an ex-member of the Jewish
underground .1 Initial reports issued by the Israeli military state that
the four men were killed while trying to infiltrate into Kiryat Arba.
However, these claims are blatantly false. While the location where the men
were killed is near to land that is often guarded by Israeli soldiers and
that is controlled by an Israeli Settler2 , it is located over two miles
from either Kiryat Arba or any other settlement and nobody resides on the
land. The Israeli military later changed its story saying that the men were
killed while attempting to break into a plot of land owned by settlers. At
the same time, the Israeli military acknowledged that none of the men were
armed.

The information gathered by Al-Haq indicates that the men were killed at
approximately 2:30 am after being detained by five to ten Israeli soldiers
while they were on break outside of the factory in which they worked. The
men were taken by the soldiers from where they rested in front of the
factory and forced to march at gunpoint westward towards the bypass road
(Route 60), which is located approximately one and a half kilometers
distance from the factory. Five minutes after the men left the factory
witnesses report having heard the sound of shooting followed by someone
repeatedly yelling, “Ala, Ala”. Several moments later witnesses report
having heard an additional burst of gunfire followed by a pause, and then
another burst of gunfire. The doctor who first arrived at the scene of the
killings and examined the bodies of the men on the morning of September 1
stated that he found the bodies grouped in three locations. Two bodies were
located in the road, a third body was located approximately ten meters away
with a trail of blood running between it and the first two bodies, and the
forth body of Ala Al-Ayaidah was found approximately 100 meters further up
the road in the direction of the stone factory. The locations of the bodies
and the reports from witnesses indicate that Ala was shot first as the
soldiers brought the men away from the factory. Ateya, Hussam and Hisham
were shot further down the road several minutes later. Hussam and Hisham
were killed immediately, but Ateya was only wounded and attempted to flee
into a nearby field where he was killed by the third burst of gunfire.

More information on this case is given in the following testimonies.



Affidavits

Al-Haq Affidavit From:
Name: Itzhaq Ahmed Ibrahim Mashni Halaika
Profession: Laborer/Stone Factory
From: Shyukh Age: 23

I work in a stone factory in the village of Beni Naim owned by the Beni Naim
Marble and Quarry Company. I have worked in the factory for eight months,
and work the night shift with four other men from Shyukh. We specialized in
cutting stones.

At around 2:00 am everyday we finish our work and take a break. At around
2:00 am on the day of the attack, September 1, 2002, my colleagues and I
finished our work and took a break. Seven of the workers in the factory are
from Beni Naim, and five including myself are from Shyukh. During the break
the seven workers from Beni Naim left the factory to return to their homes,
and the five of us from Shyukh went outside to sit in the yard in front of
the factory to rest and eat. We ate and after about ten minutes I left to
go to the bathroom, which is located inside of the factory. My four
coworkers remained sitting outside.

After about five minutes I finished with the bathroom and began to return to
my coworkers. When I reached the entrance of the factory, about 20 meters
from where we had been taking our break, I saw a group of approximately five
soldiers dressed in military uniforms. My coworkers were walking in front
of the soldiers with their hands in the air, and the soldiers had their guns
pointed at their backs. There were several meters distance between my
friends and the soldiers. They left the area of the factory and walked
westward towards the bypass road. The bypass road is located about one and
a half kilometers away.

At that point I hid and waited for an opportunity to leave the factory. I
didn’t want the soldiers to see me. After approximately five minutes I left
my hiding place and went upstairs to the factory offices in order to try and
see where the soldiers had taken my coworkers, and to try to hear what had
happened. From the offices I could hear one of my coworkers screaming in
pain. I thought that the soldiers were beating them. Several minutes
passed and then I heard the sound of shooting. After the shooting stopped I
heard someone shouting “Ala, Ala”3 . After another several minutes I heard
more shooting, a break, and then shooting again.

After several minutes, but I don’t know at what time because I didn’t have a
watch, I saw two military jeeps come to a stop in front of a piece of land
called “Jews Field”. This field is located about 500 meters away from the
factory.4 Soldiers got out of the jeeps and I heard one of them laughing
loudly. After several minutes another military vehicles came and joined the
other two. I became afraid for the safety of my coworkers and of staying in
the factory, so I left the factory on foot through the nearby fields until I
reached Shyukh. When I left the factory I thought that it was around 3:00
am. I reached Shyukh around 6:00 am.5

About one-half hour after I arrived home I heard on the Israeli radio that
four Palestinians had been killed in Beni Naim. I thought that these must
be my coworkers, and my fears that the men killed were Ala, Hisham, Hussam,
and my brother Ateya were confirmed moments later. Hisham and Hussam were
also brothers. Yousef Halaika, the mayor of Shyukh, confirmed for me that
it was them who had been killed.


Al-Haq Affidavit From:
Name: Mohammad Shueb Mohammad Al-Manasrah
Profession: Merchant
From: Beni Naim Age: 59

At around 1:30 am on Sunday, September 1, 2002, I was in my house, which is
located approximately 100 meters from the Beni Naim Marble and Quarry
Company’s stone factory, when I saw a group of about eight soldiers near my
house. I began to watch their movements.6 I watched them move in the
direction of the stone factory. They reached the factory at around 2:10 am.
Around five minutes later I saw the soldiers leaving the factory with four
people. I wasn’t sure where the four men came from, but I saw them leaving
the factory. At this point I left my house so that I could find out what
was going on. I thought that the hands of the men were tied, but I am not
sure about this, because the light was not very good.

About five minutes after the soldiers and men left the area going westward I
heard the sound of someone screaming. I thought that perhaps one of the men
was being beaten. A few moments later I heard the sound of shooting, then a
break of about five minutes, then more shooting, another break, and more
shooting again. This all happened at around 2:30 am.

Shortly thereafter I heard the sound of cars and saw the lights of two cars
stop about 500 meters to the west of my house. The cars stopped in the area
near to where the men had been taken. After the cars stopped I heard one or
two shots fired. Several minutes later another four cars arrived in the
area.

The next morning I heard that four men had been killed in the village. I
also heard from the Israeli news that the men killed had tried to carry out
a military operation. However, I believed that the men were innocent and
that the soldiers took them from the factory and executed them. After the
men were killed the soldiers tried to frame them.


Al-Haq Affidavit From:
Name: Mohammad Darwish Hamed Ziadat
Profession: Merchant
From: Beni Naim Age: 39

I live in the Wadi Jouz area of Beni Naim. Around 2:30 am on Sunday
September 1, 2002, I was awakened from my sleep by the sound of shooting. I
got out of bed when I heard the shooting and looked out of a window that
faces towards the stone factory. I could hear the sound of loud shouting.
The person said, “Ala, Ala, Ala” and repeated this over and over.

I continued to look out the window and to listen. I could hear the sound of
walking nearby and heard the sound of voices, but couldn’t distinguish what
was being said. About five minutes after the first shooting stopped I heard
the sound of more shooting. This shooting continued for some time, stopped
briefly, and then started again. Later I saw lights in the sky that lit up
the whole area. I then left the window. In the morning I heard that four
men from Shyukh who worked in the stone factory in our village had been
killed. I connected this news with what I had heard. My wife heard the
sound during the night as well, and when she heard that four men had been
killed near our home she had a nervous breakdown.


Al-Haq Affidavit From:
Name: Shirin Waleed Rashid Rabai
Profession: Accountant, Palestine Red Crescent Society – Beni Naim
From: Beni Naim Age: 21

I finished my work at the Red Crescent Society at around 10:00 pm on August
31, 2002 and was taken home by an ambulance. My house is located in the
Wadi Jouz area of Beni Naim, on the western edge of the village. When I
arrived near to my home I saw a number of Israeli military vehicles close to
our house. I told my mother about this when I came inside, and she said
that she had noticed them and had heard and seen them moving around the
house during the day. Later, after midnight, I heard shooting and cars
moving very near our house. The road near our house is closed to traffic
and can only be used by the military. In the morning I heard that four
people had been killed approximately 100 meters away from our house.


Al-Haq Affidavit From:
Name: Abedrabboh Hassan Abed Al-Manasrah
Profession: Doctor, General Practitioner
From: Beni Naim Age: 43

At around 5:15 am on September 1, 2002 I received a call from Dr. Hijazi Abu
Mezar who is the director of the emergency response unit of the Red Crescent
Society in the Hebron area. He told me that he had been informed that four
people had been killed in the Wadi Jouz area of Beni Naim. He told me that
an ambulance was near to the place where the men had been killed.

I called the ambulance driver who was on shift directly, his name is Amjad
Misk, and I asked him for more information. He told me that four men had
been killed in the village and he said that the mayor of Beni Naim and two
additional members of the village council were with him at the location
where the men had been killed. A group of soldiers were also present at the
site. I then asked him to return to the Red Crescent Society headquarters
in the village to pick me up. He arrived five minutes later accompanied by
a medic named Mohammed Abu Rayan.

We then returned to the location where the men had been killed, but before
we left I called another ambulance driver and volunteers to come help us in
Wadi Jouz. When I arrived at the roadblock near the site of the killings I
saw soldiers stopped nearby. I began to talk to a military officer with the
help of a one of the men with me who acted as a translator. I asked him to
remove the roadblock so that the ambulance could proceed. However, he told
me that I should walk around the roadblock and should carry the bodies back
with me. I refused and said that I had to be accompanied by the ambulance
because the bodies were still quite far away. Eventually he agreed that we
could use a bulldozer to remove the barrier. We were able to get a
bulldozer to the site quickly and removed the barrier.

During this time the volunteers arrived. When the roadblock was lifted I
proceeded to the location of the bodies with two of the volunteers, Salameh
Abu Sakout and Fayez Al-Khadour. Amjad Misk and Mohammad Abu Rayan followed
us in another ambulance accompanied by Dr. Waleed Al-Taraireh. We were
required to follow a military jeep to the site of the bodies, which was
about 150 meters from the roadblock. I could see a large number of soldiers
near the bodies and could also see the mayor of Beni Naim and Saber Khalil
Al-Manasrah, who owns the nearby stone factory.

I immediately began to check the bodies. Two of them were located next to
each other. There was an Israeli officer and an Israeli in civilian clothes
who came to me at this point and told me to drag the bodies away immediately
and not to check them. I refused and continued to check the bodies. The
bodies were riddled with bullets, most of which had hit them in their heads
and chests. The clothes on the bodies were covered in blood. A large
amount of blood had also pooled around the bodies. The blood had started to
coagulate. From what I observed it was obvious that the men had been shot
from the front and from a short distance at the location where I observed
them. Beside one of the bodies I found a box of cigarettes containing five
cigarettes and a lighter. One of the two men was not wearing any shoes and
the other man was wearing rubber boots. While I was looking around the
scene I found another boot around five meters from the body. I also
observed what looked like boot marks on the two men’s heads. You could see
the outline of the sole of boots in the blood on the men. I then asked the
volunteers with me to put the two men in the ambulance.

Approximately ten meters distance from where these two bodies were located
we found another body. There were many bullets in this body, which was
located in a field next to the road. There was a trail of blood that ran
between the place where we found the first two bodies and where the third
body was found. The injuries on this body were located in its head, chest,
pelvis and belly. I could also see fragments of bullets on the chest of the
body and on the ground surrounding it. After I finished my examination I
tied the hands and legs of the body together and ordered that it be put in
the ambulance.

I couldn’t see the fourth body, so I asked the military commander where it
was located. He pointed towards the east of where the first three bodies
were located. We found the body about 100 meters away. I did not notice
any traces of blood between where the first three bodies were located and
where we found the fourth body. I looked for these traces. When we came to
this body we found it lying in a rut in the road. The wounds on this body
were located in the head and chest. There was a large pool of blood around
the body, which indicated that the man was killed at this location. I
examined the body, tied the hands and legs, and ordered that it be put in
the ambulance.

Before we left the area the military commander asked me to conceal the blood
from the two bodies that were next to each other. The volunteers covered
the blood with soil and we then returned to the Red Crescent Center in Beni
Naim. I first took the bodies to the center, but many people were at the
center, so we instead took the bodies to Shyukh, which is about 12
kilometers away from Beni Naim.

According to the examination I carried out it was apparent that the men were
shot from short range and that one of the men was shot and then moved
approximately ten meters before he was killed.


Legal Findings

A. Human Rights Law – The Right to Life


“Everyone has the rights to life, liberty and security of person.”

- Article 3, of the Universal Declaration of Human Rights

“Every human being has the inherent right to life. This right shall be
protected by law. No one shall be arbitrarily deprived of his life.”

- Article 6, of the International Covenant on Civil and Political Rights

“Everyone’s right to life shall be protected by law. No one shall be
deprived of his life intentionally...

- Article 2, The European Convention for the Protection of Human Rights and
Fundamental Freedoms

“Every person has the right to have his life respected. This right shall be
protected by law and, in general, from the moment of conception. No one
shall be arbitrarily deprived of his life.”

- Article 4(1), American Convention on Human Rights


The right to life is the most fundamental of all human rights, and is the
foundation upon which all other rights are built. Ensconced in the
Universal Declaration of Human Rights (UDHR), the International Covenant of
Civil and Political Rights (ICCPR) and most other major human rights
treaties and documents, the right to life is universally recognized as a
part of jus cogens or customary international law. As such, the right to
life is not “considered a matter exclusively within the domestic
jurisdiction of a State, but a matter of international concern. States have
to ensure that their organs respect the life of persons within their
jurisdiction.”7 Regarding jurisdiction and the obligation to enforce
respect for the right to life, Article 2 of the UDHR, which addresses this
issue, states that,

“Everyone is entitled to all the rights and freedoms set forth in this
declaration without distinction of any kind…

Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which
a person belongs, whether it be independent, trust, non self-governing or
under any other limitation of sovereignty.”

The United Nations Human Rights Committee commented on the Right to life as
it is laid out in Article 6 of the International Covenant on Civil and
Political Rights in CCPR General comment 6: The Right to Life.8 The
Committee states that, “the rights to life enunciated in article 6 of the
Covenant… is the supreme right from which no derogation is permitted even in
time of public emergency which threatens the life of the nation.”9 General
Comment 6 then goes on to state that,

“The protection against arbitrary deprivation of life which is explicitly
required by the third sentence of article 6(1) is of paramount importance.
The Committee considers that States parties10 should take measures not only
to prevent and punish deprivation of life by criminal acts, but also to
prevent arbitrary killing by their own security forces. The deprivation of
life by the authorities of the State is a matter of the utmost gravity.”11

The arbitrary deprivation of life is also prohibited in Article 1 of the
Resolution on the Principles of Effective Prevention and Investigation of
Extra-legal, Arbitrary and Summary Executions from 1989, which states that,

“Governments shall prohibit by law all extra-legal, arbitrary and summary
executions and shall ensure that any such executions are recognized as
offences under their criminal laws, and are punishable by appropriate
penalties which take into account the seriousness of such offences.
Exceptional circumstances including a state of war or threat of war,
internal political instability or any other public emergency may not be
invoked as a justification of such executions.”

The case laid out above is a clear violation of the right to life. The four
men killed in Beni Naim posed no threat to the soldiers who killed them and
were killed without apparent reason. The killings appear to have been
arbitrary and is thus a violation of international human rights law. In
accordance with its obligation under both customary international law and
under the ICCPR, Israel must take steps to fully investigate this case, to
hold those responsible for the killing accountable, and to ensure that such
actions are prevented in the future.


B. Humanitarian Law

Applicability

International humanitarian law is the primary body of law addressing
situations of war and belligerent occupation. Two documents that are of
great importance in the Occupied Palestinian Territories are the Fourth
Geneva Convention Relative to the Protection of Civilian Persons in Time of
War of August 12, 1949 and the Annex to the Convention respecting the Laws
and Customs of War on Land, otherwise known as the Hague Regulations of 1907
.12 These two treaties are augmented by, among other things, the two
additional protocols to the Geneva Conventions and by case law.

The Hague Regulations of 1907 are generally considered a part of customary
international law. Israel has not contested this view and has stated its
acceptance of the Hague Regulations applicability in the Occupied
Territories. However, although the applicability of the Fourth Geneva
Convention in the Occupied Territories is universally recognized by the
international community, and despite its status as a signatory to the
convention, Israel refuses to recognize the Conventions de jure
applicability in the Occupied Territories. It is Israel’s claim that the
Occupied Territories are not occupied, but are rather “administered
territories”. Israel claims that the Convention is therefore not fully
applicable in the Occupied Territories. Nevertheless, Israel has committed
itself to implementing the “humanitarian provisions” of the Convention,
although no specification has ever been made regarding the provisions that
Israel considers humanitarian.

The international community does not share Israel’s viewpoint. Repeated UN
Resolutions and statements issued by governments around the world have
affirmed the de jure applicability of the Fourth Geneva Convention in the
Occupied Palestinian Territories. The conventions applicability was most
recently reaffirmed in a statement issued at the conclusion of a meeting of
the High Contracting Parties to the Fourth Geneva Convention held on
December 5, 2001. The statement said that,

“Taking into account art. 1 of the Fourth Geneva Convention of 1949 and
bearing in mind the United Nations General Assembly Resolution ES-10/7, the
participating High Contracting parties reaffirm the applicability of the
Convention to the occupied Palestinian Territories, including East Jerusalem
and reiterate the need for full respect for the provisions of the said
Convention in that Territory.”

The Right To Life

Prohibitions against arbitrary killing are laid out in the both the Hague
Regulations and in the Fourth Geneva Convention. The purpose of the Fourth
Geneva Convention is to protect civilians living under occupation or during
times of armed conflict, while the Hague Regulations of 1907 lays out
similar protections in addition to establishing general regulations for
situation of armed conflict. The right to life is enunciated in Article 46
of the Hague Regulations of 1907, which state that, “the lives of persons…
must be respected.”

Article 27 of the Fourth Geneva Convention built upon this provision of the
Hague Regulations. Article 27 states that, “protected persons are entitled,
in all circumstances, to respect for their persons… They shall at all times
be humanely treated, and shall be protected especially against all acts of
violence or threats thereof”. In the official commentaries on the Fourth
Geneva Convention, Jean Pictet writes that Article 27 occupies a key
position in the convention, and is a codification of the customary legal
principles that form the basis upon which all of the other rights in the
convention are based. He states that Article 27 “proclaims the principle of
respect for the human person and the inviolable character of the basic
rights of individual men and women.”13

However, Article 27 does not specifically mention the right to life, but
instead calls upon States Parties to ensure “respect for the person” and
humane treatment. Pictet also addresses this issue in the commentaries when
he asks,

“What about the right to life itself? Unlike Article 46 of the Hague
regulations the present Article [Article 27] does not mention it
specifically. It is nevertheless obvious that this right is implied, for
without it there would be no reason for the other rights mentioned. This is
a simple conclusion a majori ad minus, and is confirmed by the existence of
clauses prohibiting murder, reprisals and the taking of hostages, in
Articles 32, 33 and 34 of the Convention.”14

Murder and Willful Killing

In regard to the killings documented by Al-Haq in Beni Naim, Article 32 of
the Fourth Geneva Convention, which specifically prohibits murder, is also
pertinent. Article 32 states that,

“The High Contracting Parties specifically agree that each of them is
prohibited from taking any measure of such a character as to cause the
physical suffering or extermination of protected persons in their hands.
This prohibition applies not only to murder, torture, corporal punishment,
mutilation and medical or scientific experiments no necessitated by the
medical treatment of a protected person, but also to any other measure of
brutality whether applied by civilian or military agents.”

The term murder as used in this context is defined as the killing of a
person in any situation where their death is not deemed justifiable by
military necessity or is not resultant from a capital sentence lawfully
issued by a court of law.15 The killings in Beni Naim were arbitrary and
cannot be justified under the rubric of military necessity. The victims
were detained from their place of employment and killed. None of the men
were armed and none of them posed a threat to the soldiers who killed them.

In the Trial Judgment of the Celebici Case16 , the International Criminal
Tribunal for the Former Yugoslavia held that murder is equivalent to willful
killing, noting that although semantic differences exist between the two
terms, accepted meanings of the terms, the context in which they are used,
and the facts necessary to prove either “murder” or “willful killing” are
similar as such that “there can be no line drawn between ‘willful killing’
and ‘murder’ which affects their content.”17

The killings in Beni Naim qualify as willful killing, and those responsible
for this crime are therefore prosecutable both under local law and for
committing a Grave Breach of the Fourth Geneva Convention. Civilian deaths
incidental to a justifiable military action are not illegal under
international law assuming the military action is carried out subject to the
principle of proportionality. However, any killing of a civilian that is
intentional or is not justified by military necessity qualifies as a grave
breach of the Fourth Geneva Convention under Article 147. Willful killing
is also listed as a war crime in the statutes of the International Criminal
court. A necessary prerequisite for a crime to qualify as a war crime is
the existence of an international armed conflict. However, this requirement
is met in the Occupied Palestinian Territories. The Report of the
Preparatory Commission for the International Criminal Court, Finalized draft
text of the Elements of Crimes establishes in footnote 34 that, “the term
‘international armed conflict’ includes military occupation”.

The distinction between a “willful killing” and any other killing rests in
intent or mens rea.18 The judges in the Celebici case defined necessary
intent by saying that, “necessary intent, meaning mens rea, required to
establish the crimes of willful killing and murder, as recognized in the
Geneva Conventions, is present where there is demonstrated an intention on
the part of the accused to kill, or inflict serious injury in reckless
disregard of human life.”19 A death that can be deemed the accidental
consequence of another action cannot be deemed “willful”. 20 The
definition of the term “willful” accepted in the Celebici Case is the
definition found in the official Commentary to article 85 of Additional
Protocol I to the Geneva Conventions, which states that, “the accused must
have acted consciously and with intent, i.e., with his mind on the act and
its consequences and willing them…”

According to the information gathered by Al-Haq regarding the killings in
Beni Naim, the four men were killed while in the custody of Israeli
soldiers. At the time that they were killed, none of the men were armed and
they posed no discernable danger to the soldiers who shot them. As the men
were already in the custody of the soldiers there can be no reasonable
justification for killing them. It appears that the men were killed because
they were Palestinian. The soldiers who shot them must have known what the
results of their actions would be and should therefore be held accountable
for their actions.


Conclusion

In light of these findings Al-Haq calls upon the Israeli Authorities to
carry out an immediate investigation into this case and to hold accountable
those found responsible for killing Ala Al-Ayaidah, Ateya Ahmed Mashni
Halaika, Hussam Halaika and Hisham Halaika. Al-Haq also calls upon the
International Community to demand that Israel take action in this case, and
failing that, to itself take action to hold the Israeli soldiers and
officials responsible for the above named war crimes and Grave Breaches of
the Fourth Geneva Convention accountable for their actions. As war crimes
and Grave Breaches the International community is both morally and legally
responsible for investigating these acts and for ensuring that those who are
found culpable for them are tried in a court of law.

Al-Haq continues to request that the International community demand that
Israel end its occupation of the Palestinian Territories. The story
outlined above is not an isolated incident or a product of the current
Intifada. Rather, it is the direct result of the continued illegal
occupation of the Palestinian Territories by Israel. Israel must end its
illegal occupation and begin to respect international law if the continued
human rights violations in the Occupied Territories are to be brought to an
end.

-END-



1 Hass, Amira, “Ben-Elizer orders probe into spate of civilian deaths”,
Haaretz, Sept. 2,2002
2 Although an Israeli settler currently controls the piece of land in
question this piece of land has been legally owned by various Jewish
families for over 100 years and is not considered to be part of any
settlement.
3 Ala Al-Ayaidah
4 The stone factory from which Itzhaq observed these events is located on
the top of a hill that overlooks the surrounding area including the “Jews
Field”.
5 Shyukh is located approximately 10 km. North of Beni Naim
6 Al-Haq’s fieldworker visited the home of this witness and was shown the
spot from which the witness watched these events. From this location the
factory, road and field where the men were killed are all clearly visible.
7 Fact Sheet No. 11 (Rev.1), Extrajudicial, Summary or Arbitrary
Executions – www.unhchr.ch/html/menu6/2/fs11.htm
8 CCPR General Comment 6 – hereafter General Comment 6
www.unhchr.ch - Treaty Bodies Database
9 General Comment 6(1)
10 Israel ratified the International Covenant on Civil and Political Rights
on October 3, 1991
11 General Comment 6(3)
12 Specifically Article 42 to 56.
13 Pictet, Jean S. Editor, Commentary on the Fourth Geneva Convention
Relative to the Protection of Civilian Persons in Time of War, p. 200,
International Committee of the Red Cross, Geneva. c. 1958.
14 Ibid, p. 201
15 Ibid, p. 223
16 Prosecutor V. Delalic, herein refered to as the Celebici Case
17 Celebici Trial Judgement, para. 421-2
18 The “mental element”
19 Celebici Trial Judgement, para. 439
20 Gutman, Roy and David Rieff, “Crimes of War: What the Public Should Know”
pp. 381-3 WW Norton and Co., New York, c. 1999.

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[unbiased]

Abdul Haq,

Out of respect for the moderators and administrators of this forum, I think it might be appropriate for you to not treat this board as your personally newsroom. You have made about 12 posts within the past few hours where all you do is post an article taken from another site. You make no comment and provide no interpretation or insight about these articles - you just post them.

Doing this from time to time, or even once a day, is fine...but so many articles serves to just eat up bandwidth, which I believe ends up costing more money for the people who run this site.

For the large majority of these articles that you post, nobody responds. I think that this board is designed for discussion, and just posting an article without any comment does not lend very much to discussion.

I understand that you want to get the word out, but perhaps a more efficient and less costly way would be to gather all the links you want people to read, and then put them all together into a single post, with perhaps a little commentary before each link.

Administrators, please correct me if I am wrong.
Perhaps the bandwidth of this site is not under any strain - if so, then please disregard my post.

Have a nice day,
Unbiased

[Abdul Haq]

i am sure the admins here dont need you help unbiased (not) so bugger off

[unbiased]

Llew,
We don't need your help finding anti-western articles.

So stop posting them if you don't have anything to say about them.

You are wasting bandwidth.

Unbiased

Originally posted by Abdul Haq
i am sure the admins here dont need you help unbiased (not) so bugger off

[Abdul Haq]

dont ever tell me what to do ...got that sport?

you are nothing and nobody here...got that now?

[Ammarah]

I am almost certain that the admin and moderators at Ummah are unconcerned about how much space Abdul haq's news reports take up, and are infact grateful for his up to date input on events.
There is nothing wrong with you doing the same if you feel you have news you would like to share or inform us of.
Yes, it is a discussion forum, and some topics develop, others may not. You can not predict these things, and what might seem uninteresting to you may be of interest to others. Just as something Abdul haq may find particularly intriguing, may not catch the attention of other posters. However, you can not start a discussion without a first post, so we must ALL feel free to post whenever we feel we would wish to, within the rules of Ummah or course.
Thankyou for your concern unbiased, but there is no need to worry, or become agitated.

Ammarah

[unbiased]

Hello Ammarah,

Thanks for the input.

Glad things are going well for ummah.com

Have a nice day,
Unbiased

Originally posted by Ammarah
I am almost certain that the admin and moderators at Ummah are unconcerned about how much space Abdul haq's news reports take up, and are infact grateful for his up to date input on events.
There is nothing wrong with you doing the same if you feel you have news you would like to share or inform us of.
Yes, it is a discussion forum, and some topics develop, others may not. You can not predict these things, and what might seem uninteresting to you may be of interest to others. Just as something Abdul haq may find particularly intriguing, may not catch the attention of other posters. However, you can not start a discussion without a first post, so we must ALL feel free to post whenever we feel we would wish to, within the rules of Ummah or course.
Thankyou for your concern unbiased, but there is no need to worry, or become agitated.

Ammarah

[expat]

Abdul,

Which of those international laws that you kindly posted up applied to the two Palestinian women that had their relatives tortured, then were forced to confess on video tape before their execution without trial?

Are they not entitled to the same protection under those laws as those poor people mentioned in your article or are you able to just apply them when it suits?

Regards

[Abdul Haq]

please reply on topic or start your own expat

[expat]

Originally posted by obsidian


Hello Expat,

I think you have it wrong, its the people with zionist and pro-zionist views that chew-up bandwidth with their neverending one-liner reponses .

This is an Islamic website afterall and as I've said before the truth is always hard to fathom...


O

Obsidian,

No, I think you have it wrong, I made no mention of bandwidth or indeed any complaint as to Abdul's posts. Also the majority of my posts are far from being one-liners, I feel you may be confusing me with someone else, try looking at few threads and draw your own conclusions.

"This is an Islamic website"...No you don't say.

"The truth is always hard to fathom" Yes it is, that's why it's important to hear both sides of the story. If you don't want to hear my views, then I respectfully request that you put me on your ignore list.

Regards

[expat]

Originally posted by Abdul Haq
please reply on topic or start your own expat

Abdul,

Oh look a one line response!

I'm right on-topic, the topic is summary executions of Palestinians. I posted on summary executions of Palestinians. Do you think Al-Haq will get around to carrying out a case study of this one?

Regards

[expat]

Originally posted by obsidian
I have a better alternative - I respectfully request you to put Abdul Haq on your ignore list. That way at least the rest of us will continue to appreciate Abdul Haqs posts

If you don't want to hear my views, then I respectfully request that you put me on your ignore list

Obsidian,

I am a little upset that you feel I do not appreciate Abdul's posts.

Why should I put Abdul on my ignore list? I like many others here greatly appreciate the lengths to which he goes to bring us stories on a wide variety of topics. I value information from all sources and am surprised that you would deny me the opportunity to hear an alternative viewpoint to the normal Zionist propoganda that we in the West are fed on a daily basis

Some I choose to respond to because I have observations on them, others I choose to respond to because I either disagree with them or find them to be innacurate. Others I do not respond to at all. Surely this is the idea of participating in a forum, not some utopian situation where we all sit here staring at someones post just to appreciate the beauty of it or to post endlessly "yes I agree, what a great post".

I don't have any problem with hearing an alternative viewpoint, although it appears that you do.

Regards

[Bilquis]

Mr. Expat, the brother's name is Abdul Haq i.e. Slave of the Truth (God).
"Al-Haq" is one of the 99 names of God (ASWT) which means 'The Truth'; it's not to be used for people since it's blasphemous.


Bilquis

[expat]

Originally posted by Bilquis
Mr. Expat, the brother's name is Abdul Haq i.e. Slave of the Truth (God).
"Al-Haq" is one of the 99 names of God (ASWT) which means 'The Truth'; it's not to be used for people since it's blasphemous.


Bilquis

Bilquis,

Please try to pay attention to the thread. You have obviously not given Abdul the courtesy of reading his post properly. Al-Haq is the name of the organisation which compiled the report on this alleged summary execution.

I always address Abdul in the correct manner as it would be childish and disrespectful to manipulate peoples names in order to score cheap points.

Regards

[Abdul Haq]

expat i have had enough of you posting off topic and trying to hyjack this thread....please take you word games somewhere else little man

Originally posted by expat


Bilquis,

Please try to pay attention to the thread. You have obviously not given Abdul the courtesy of reading his post properly. Al-Haq is the name of the organisation which compiled the report on this alleged summary execution.

I always address Abdul in the correct manner as it would be childish and disrespectful to manipulate peoples names in order to score cheap points.

Regards

[expat]

Originally posted by obsidian
On the contrary Expat you complained that Abdul Haq had posted 12 articles in the last few hours...

I personally don't really care what people post as long as its not the usual chaff which is being force-fed at present through other mediums.

It's of course evry Muslims duty to help clarify the situation in Muslims and Islamic matters and we certainly do try our best...


I don't have any problem with hearing an alternative viewpoint, although it appears that you do.
You have made about 12 posts within the past few hours where all you do is post an article taken from another site

Obsidian,

This is twice on the same thread that you have attributed quotes to me innacurately and I am becoming a little bit concerned. Are you feeling OK?

I have never made reference to the number of quotes that anyone has made, please check your facts again.

Regards

[Abdul Haq]

the topic expat is :

Al-Haq Case Study: Arbitrary Execution in Beni Naim

post on it or dont post

[obsidian]

I have never made reference to the number of quotes that anyone has made, please check your facts again

I agree in fact I have been posting with my new state-of-the art infra-red keyboard and mouse. It would appear the cut and paste button picked up your name instead of the intended one's

I will attempt to remove all posts I made in reference to this article...

My apologies.

[expat]

Originally posted by Abdul Haq
the topic expat is :

Al-Haq Case Study: Arbitrary Execution in Beni Naim

post on it or dont post

Abdul,

Please accept my apologies if you feel I have disrespected your thread by posting off-topic. It most certainly was not my intention to divert from a topic that is indeed worthy of further discussion.

Please feel free to answer my on-topic observations above and ignore those that you consider off-topic.

For future reference I will endeavour to follow the guidelines that you have so thoughtfully laid out for me.

Regards

[expat]

Originally posted by obsidian


I agree in fact I have been posting with my new state-of-the art infra-red keyboard and mouse. It would appear the cut and paste button picked up your name instead of the intended one's

I will attempt to remove all posts I made in reference to this article...

My apologies.

Obsidian,

Thank you for your prompt response. There really is no need to apologise for an honest mistake, we are all human after all!

Abdul, Ok so I'm off topic again but it would have been rude had I not acknowledged Obsidian's post and I'm sure that you will not mind in this particular instance.

Regards